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Hungary
Trademark opposition acceptance agency
Hungary implements a dual track administrative judicial jurisdiction system:
1. Administrative supervisory authority
The Objection Division of the Hungarian Intellectual Property Office (HIPO) is responsible for formal examination, evidence review, and preliminary ruling
Industrial Property Reexamination Committee: composed of 2 legal experts and 1 technical expert, handling complex case reviews
2. Judicial Authority
Those who are dissatisfied with the administrative ruling can appeal to the Budapest Capital Court
The final appeal can be made to the Intellectual Property Division of the Hungarian Supreme Court (a dedicated expert group on EU law)
Special requirements for agents:
Applicants within the European Union may entrust an EU registered lawyer to represent them
Non EU applicants must submit their applications through members of the Hungarian Patent Agents Association (MEMSZ)
Non Hungarian language documents require authentication and translation by the Ministry of Justice (Chinese documents require dual authentication: Embassy of Hungary, Ministry of Foreign Affairs of China)
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Timing of Trademark Objection
Hungary implements EU standard objection period:
1. Official announcement period
After substantive examination, the trademark will be simultaneously announced on the HIPO official website and the EU Trademark Gazette for 3 months
Objection applications must be submitted electronically before the announcement deadline of 24:00 (CET)
2. Supplementary Objection Period
Within 5 years after trademark registration, supplementary objections can be filed based on malicious registration (an additional fee of 1500 euros is required)Fee)
3. Grace rule:
Can apply for a maximum extension of 30 days (with a daily surcharge of 50 euros)
Force majeure requires notarized proof documents (such as an emergency declaration issued by the embassy)
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Basis for Trademark Objection Application
According to Articles 3, 5, and 6 of the Hungarian Trademark Law and EU Directive 2015/2436, the statutory grounds for objection include:
(1) Absolutely prohibited reasons
1. Lack of significance
Composed solely of the generic name or purely descriptive identifier of the product (such as Magyar Bor Hungarian wine)
Unauthorized use of EU registered geographical indications (such as Tokaji wine)
2. Violation of public order
Contains the national emblem, portraits of historical figures, or content that violates the EU Charter of Fundamental Rights
(2) Relative prohibited reasons
1. Prior conflict of rights
Confusion with registered trademarks in Hungary/EU (Nice Classification 12th edition)
Copy a trademark that enjoys reputation in the European Union (requires a Central European market research report)
2. Commercial identification rights
There is substantial similarity with the registered trade name (C é gjegyz é k number) in Hungary
3. Domain name registration
Registering someone else's trademark as a. hu domain name (subject to the 2021 Domain Name Dispute Resolution Rules)
(3) Special protection reasons
1. Traditional product labeling
Infringement of traditional Hungarian product names (such as Kolb á sz sausages, Paprika chili powder)
2. Cultural heritage elements
Unauthorized use of Hungarian intangible cultural heritage elements (such as Maty ó embroidery patterns)
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Trademark opposition process
Stage 1: Electronic submission (0-7 days)
Submit a statement of objection through the HIPO electronic platform (in Hungarian)
Please attach:
Proof of prior rights authenticated by The Hague
Evidence of actual use of the trademark (including invoicing records for Hungarian tax numbers)
Market confusion analysis report (when applicable to well-known trademarks)
Payment fee: 250000 forint (approximately 650 euros)
Stage 2: Formal Review (7-30 days)
HIPO completes the review within 15 working days. Common correction requirements:
Supplement the commodity circulation certificate issued by the Hungarian Chamber of Commerce
Update the certification of the European Bar Association for the power of attorney
Stage 3: Substantive defense (1-3 months)
The opposing party shall submit a defense statement within 30 days (with the option to apply for a 15 day extension)
Simultaneously submit a trademark usage plan (certified by a notary office)
Stage 4: Online hearing (3-6 months)
The Industrial Property Review Committee held a hearing through Zoom (electronic evidence package needs to be uploaded 7 days in advance)
Both parties shall submit a technical comparison report (not exceeding 40 pages, bilingual version)
Stage 5: Administrative adjudication (6-9 months)
Possible ruling outcome:
Completely revoke the opposed trademark (success rate of 38% in 2023)
Request for additional differentiation explanation (such as restricted usage area)
Reject the objection application
Stage 6: Judicial relief (9-18 months)
The losing party may appeal to the Budapest Court (deadline is 30 days)
The average trial period of the Supreme Court is 12-15 months
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Trademark opposition period
Time optimization tool:
Acceleration channel:Provide a 5-month acceleration program for small and medium-sized enterprises (annual turnover<1 million euros)
Mediation suspended:Both parties reaching a settlement intention may suspend the procedure (with a maximum freeze of 10 months)
Practical operation suggestions
1. Regional collaborative monitoring
Real time tracking of trademark dynamics in four countries using the Visegrad Intellectual Property Platform (V4 IP Portal)
Synchronize registration of Hungarian and Slovak trademark versions (reducing the risk of conflicts in the Central European market)
2. Evidence chain reinforcement
Provide sales data certified by the Hungarian Tax Authority (NAV) (including VAT number)
Social media evidence needs to be notarized during the access process and accompanied by a Hungarian language abstract
3. Cultural heritage protection
The use of traditional patterns requires permission from the Hungarian Cultural Heritage Agency (N Ö RI)
Avoid unauthorized use of P á linka geographical indication in alcohol trademarks
4. Cost control plan
Application for Small and Medium sized Enterprise Subsidies from the Hungarian Innovation Agency (NIH) (covering 40% of official fees)
Adopting a segmented payment model (40% in the early stage, 40% in the hearing, 20% in the result)